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2012-05-08 Board of Selectmen Handout
DRAFT MOTIONS BOARD OF SELECTMEN MEETING MAY 812012 Geld, Tafoya, Schubert, Arena, Bonazoli Hechenbleikner 2b) Move that the Board of Selectmen approve South Street from Jacob Way to Walnut street as a Heavy Vehicle Exclusion for the duration of the major construction of the Reading Woods development on Jacob Way. 3a) Move that the Board of Selectmen approve the proclamation declaring May as National Bike Month. Move that the Board of Selectmen approve the proclamation declaring May 20 — May 26, 2012 as National Public Works Week. 4a) Move that the Board appoint George Katsoufis as the "Sports organization" representative on the ad hoc Sturges Park Planning Committee with a term expiring December 31, 2012. 5b) Move that the Board of Selectmen close the hearing on the transfer of license, change of manager, pledge of license and amendments to the plan for The Wine Bunker. Move that the Board of Selectmen approve: ♦ the transfer of the all alcohol package store license from Peter Donovan d /b /a The Wine Bunker to CW I, LTD d /b /a The Wine Bunker; ♦ the change of Manager from Peter Donovan to Brett Barclift; ♦ the pledge of license to Leader Bank, Arlington, MA; ♦ alteration of premises Subject to the following conditions: 6a) Move that the Board of Selectmen approve the minutes of March 27, 2012 as amended. O 6b) Move that the Board of Selectmen approve the minutes of April 21, 2012 as amended. 8a) Move that the Board of Selectmen approve the Executive Session minutes of March 27, 2012 as written. JB JA RS BT Move that the Board of Selectmen adjourn the meeting at p.m. 7d TOWN MANAGER'S REPORT Tuesday, May 08, 2012 Administrative matters ♦ I'm very pleased to introduce Altaf Gohar and "Kahn" Sikander of Pakistan, who will be visiting and working with Town staff for 10 days as part of the US. Pakistan Professional Partnership Program for Public Administrators. The program is sponsored by the US State Department in conjunction with the MMA. ♦ Help wanted for volunteer Boards, Committees, and Commissions. ♦ Memorial day speakers needed ♦ On 5 -12 the Postal Service will conduct a collection of Food Pantry items — a list of needed items is on the Town web site. Community Services ♦ DHCD conducted a tour tomorrow of our Smart Growth areas. They were very impressed with our progress on these projects, and on our affordable hosing inventory. ♦ Girl Scout Silver Award program of removing invasive plant around the Mattera Cabin last weekend — a great success. ♦ Affordable housing available — 30 Haven Street, and Reading Woods. ♦ Drawing for 30 Haven Street is May 16 at 6 PM at the Library ♦ Drawing for Reading Woods is May 10 at 7 PM at the Senior Center Public Safety ■ RCASA will be sponsoring an event on June 6 from 7 to 9 PM for 9, 10, and 11 grade students and parents — an out line is attached. Public Works ♦ Poets Corner improvements ♦ Compost center opened April 2nd. Check website for specific Monday, Friday, & Saturday schedules through June. ♦ Safe Routes to School project is almost complete. . ♦ Micro -Seal mid May — portions of: Lowell, Washington, Hopkins, Charles Streets.. ♦ Road Construction Crews have begun to lower structures. They started on Pearl and end on Belmont. ♦ Haverhill St. Water Main: The contractor is installing the bypass. The water division has dropped notices to all residents regarding the work. ♦ Howard Street water project. Expected bid opening May 31st The active water main installation should start by the second week of May. ♦ Kurchian Woods trail. They got a grant for materials and now need volunteers to actually assist in building ♦ May 12 - Paper shredding, rigid plastics recycling, textile recycling 5/8/2012 1 2 TOWN MANAGER'S REPORT Tuesday, May 08, 2012 ♦ May 19, - household waste collection and curbside scrap metal recycling 5/8/2012 Reading Police Department New Hire process outline 05 -08 -2012 Recruitment /advertising • Testing information posted on Town /Police Department Website • Testing information sent and distributed to local colleges and Universities • UMass Lowell, Salem State, Suffolk, Northeastern, Middlesex Community College, North Shore Community College, Northern Essex Community College • Our understanding is these entities have email blast lists and posting areas • Testing information distributed through Frank Driscoll to military entities • Testing information in Press release form to local newspapers and Reading Cable TV • Testing information advertised through Town HR in newspapers to include major area newspapers. • Testing information to be given to RMHS for distribution on ED line, min. age 18. • Everbridge announcement to those who have chosen Public Safety updates • MA Department of Criminal Justice Information System posting (statewide to Law Enforcement agencies) • Test Vendor posting on their website and email blast to prospective test takers. • Testing information distributed through METCO program director to former students of that program. • Recruiting posters distributed as appropriate. • We would want approximately 6 -8 weeks of lead time for preparation and advertising. Examination • Examination would be a general knowledge Police Officer Selection Test o Test would cover areas such as Arithmetic, Reading Comprehension, Grammar, and Incident Report Writing. • Test has Adverse Impact disclaimer • New exam for each location tested (if same person took recent test in Wellesley, they will see a different exam in Reading.) • Examination would be held locally, ideally at RMHS • Examination is approximately 1.5 hours in duration • Examination organization and proctoring provided by chosen vendor o 3 -4 Police Officers in uniform present during testing for oversight • Examinations will be administered in classrooms of 20 -25 test takers w/ proctor. • Tentatively we have July 14th scheduled • Examination results will be to PD the following Tuesday July 17th Page 1 of 1 Hechenbleikner, Peter From: Silver Award [matteraproject @aol.com] Sent: Saturday, May 05, 2012 11:57 AM To: Honetschlager, Kim; Baumgartner, Rachel; billhechtsr @verizon.net; Tirone, Charles; Feudo, John; Hechenbleikner, Peter Subject: Mattera Project Results Hello Everyone, We just wanted to let everyone know that the Mattera event on Saturday was successful. A total of 9 thirty gallon trash bags and 4 carloads of invasive species were removed. We also planted 4 trees and many native species around the terrace steps, cabin, and even down by the viewing platform. We have sent a "WeTransfer" with the photos, so please be on the lookout for the email from them. Thanks! Tessa and Jessica 5/7/2012 AMPLIFIED USE PERMIT REQUEST FORM Name /Organization: Contact for the Event: Phone Number: Email Address: -Ix/ c • j / va Date(s) of the Event: 3 3' '7447 y Purpose of the Event: Is this event open to the general public: YES NO Location of the Event:) `� /n"' M/ Time of the Event: �/'7 1 , >iter --, It2j'). Duration of the Use of Amplified Sound:�f/✓'� --� Check all that apply: VmE,quent: Use of sound equipment such as speakers, mixers, and microphones A/Use of Musical Instruments Con nt: General Announcements ational Anthem �usic Sound Effects I have read and understand the Rule 5.2.3 of the Board of Selectmen Policies and Procedures regarding use of amplified sound as it relates to park use and understand the responsibilities that go >afo w' amplified sound permit. Signature: Date: *Z� Poe� AMPLIFIED USE PERMIT REQUEST FORM Name /Organization: Contact for the Event: `-J b )4/,) F C— U () Phone Number: 7Y) -'A0,_ .`� mail Address: /7-6 V1v csJ Date(s) of the Event: 7jo, *' d Y Purpose of the Event:�,� Is this event open to the general public: YES NO Location of the Event: 46, Time of the Event: 6) -b %/ o Duration of the Use of Amplified Sound: 1�')4, Check all that apply: Epment: _ Use of sound equipment such as speakers, mixers, and microphones Use of Musical Instruments Cghitent: General Announcements National Anthem Music Sound Effects I have read and understand the Rule 5.2.3 of the Board of Selectmen Policies and Procedures regarding use of lifted sound as it relates to park use and understand the responsibilities, that -i alor.A an amplified sound permit. Signature: be-- Date: 2� RULE 4. Amplified Sound - Users of public property and abutting residents should have an expectation of quiet enjoyment of the Town's public parks, playgrounds, recreation and other open space areas. This rule recognizes that these properties are the site of some activities which inherently create levels of noise due to customary and usual uses such as fans cheering, referee and coach's whistles, and bands playing during football games. There is also recognition that as a community the public parks, playgrounds, recreation and other open space areas are the site of occasional community events which use amplified sound such as school field days, community fairs, and fireworks displays, etc. The use of amplified sound in public parks, playgrounds, recreation and other open space areas is not permitted without a permit to be granted by the Recreation Committee or other agency which has jurisdiction over said public property. When permitted, the use of amplified sound shall be controlled by the permit holder such that the volume, direction, and duration of the sound is the minimum needed to meet the purpose of the use of the sound, and which will minimize the impact of the sound on other users of the park, playground, or other public property and its abutters. Unreasonable sound shall be sound plainly audible at a distance of 100 feet from its source by a person of normal hearing. The intent of this rule is to allow, with a permit from the Recreation Committee or other agency which has jurisdiction over said public property, reasonable and occasional playing of music or use of amplified sound while considering location, time, duration and frequency such as an annual fair, or once a year all -star sports games. The use of amplified sound is not intended to be a routine for recurring events such as play by play announcements for sporting events and other repeated use of music and amplified sound. The permitting authority should consider the frequency of amplified permits per park or recreation site and afford significant consideration to the neighbors abutting the permitted areas as regards to their inconvenience created by said permit. When a permit is granted, a copy of the permit shall be transmitted to the Board of Selectmen at least 3 days before the event at which the music or amplified sound is to be used. Additionally, all permitted dates of amplified sound will be posted in a conspicuous place on the Town's website as well as available by contacting the Recreation Division or head of any other agency having jurisdiction over the public property for which a permit has been granted. Any variance from this rule will require the permitted applicant to petition the Board of Selectmen for such variance at which time a public hearing will be held on the matter. 4 -20 Board of Selectmen Policies I F W W D PROCLAMATION National Bike Month Whereas: for more than a century, the bicycle has been an important part of the lives of most Americans; and Whereas: today, millions of Americans engage in bicycling because it is a viable and environmentally -sound form of transportation, an excellent way to improve fitness and provides quality family recreation; and Whereas: the education of cyclists and motorists as to the proper and safe operation of bicycles is important to ensure the safety and comfort of all users; and Whereas: Walkable Reading is promoting greater public awareness of bicycle operation and safety education in an effort to reduce accidents, injuries and fatalities for all; and Whereas: Walkable Reading encourages the observance of May 2012 as National Bike Month along with Bike to School Day on May 9, 2012 and Bike to Work Day on May 18, 2012. Now, Therefore the Reading Board of Selectmen does hereby proclaim May 2012 as National Bike Month throughout the Town of Reading and encourages its citizens to celebrate National Bike Month, recognize the importance of bicycle safety, and be more aware of cyclists on our streets. THE BOARD OF SELECTMEN Stephen Goldy, Chairman Ben Tafoya, Vice Chairman Richard W. Schubert, Secretary James E. Bonazoli John Arena 0 PROCLAMATION Whereas, public works services provided in our community are an integral (but often unnoticed) part our resident's everyday lives; and Whereas, the support of understanding and informed residents is vital to the efficient operation of public works programs such as water, sewers, streets, highways, parks and forestry, and solid waste collection; and Whereas, the health, safety and comfort of residents this community depends on these facilities and services; and Whereas, the quality and effectiveness of these services is vitally dependent upon the efforts and skill of public work officials and employees; and Whereas, the efficiency of the qualified and dedicated personnel who staff our Public Works department is materially influenced by the resident's attitude and understanding of the importance of the work they perform; and Now, therefore, we, the Board of Selectmen of the Town of Reading, Massachusetts does hereby proclaim the week of May 20 to May 26, 2012 as Public Works Week in the Town of Reading and we call upon all residents and civic organizations to acquaint themselves with the issues involved in providing quality public works services to this community and to recognize the contributions which public works officials and employees make every day to our health, safety, comfort, and quality of life. THE BOARD OF SELECTMEN Stephen Goldy, Chairman Richard W. Schubert, Secretary Ben Tafoya, Vice Chairman James E. Bonazoli John Arena TO: Board of Selectmen From: Peter I. Hechenbleikner, Town Manager Date: Thursday, May 03, 2012 Re: Abandonment of wells As part of the decision in June 2006 to buy in to the MWRA for public water supply, the DEP required the Town to maintain the Town's existing wells as an emergency water supply. That means that the pump station had to be modified at significant cost, and the wells had to all be kept operable. While we have not spent a lot of money to date on keeping the wells operable, we have had to do some work to repair and replace roofs to well buildings, and repair electrical services. Over the life of the Capital Improvements Plan, we will spend significant funds to recondition the wells at an estimated cost of $75,000 per well. If the Town were ever to have to actually use the wells as an emergency supply, given that the wells have not been in use for many years and the lack of a full treatment process, the water quality would be poor and may not be suitable for potable use. Once used under these circumstances, the water distribution system would have to be completely flushed and re- chlorinated. Given the operational strengths of the MWRA in responding to any potential emergency issues, the potential use of the wells is very remote. As we have explored the development of the redundant water supply through the MWRA (the first phase is complete) my intent has been to recommend to the Board of Selectmen that we aggressively pursue DEP approval for the abandonment of all of the wells once the redundant water supply mains were installed and operational. The remainder of the redundant system is under design, with projected construction in the 2014/2015 time frame. I was approached the week of March 26, 2012 by the Deputy Regional Director of. DEP Northeast Regional Office, about the Ipswich River, and specifically about the Town of Reading's registration of 2.57 MGD withdrawal. The Ipswich River has recovered well as a result of Reading's action to buy into the MWRA and not take water from the Ipswich River Basin. As an illustrative example, one statistic that has been used is that the lowest flow day post 2007 is 20 times greater than the previous lowest flow day. Reading is indeed the community that saved a river. DEP is interested in making permanent the inability of Reading to withdraw water from our former well - fields in the future, and therefore to maintain, at the very least, the current health of the river. They are also pursuing additional actions outside of Reading that would further improve the health of the River— it is still an endangered river. What I discussed with DEP is the following: ♦ The Town would request an amendment to the Administrative Consent Order (ACO) which is the document that requires the existing well -field to be maintained. This can be .approved by DEP without action by any other state agency 35 • pnna l ♦ DEP would prepare a draft amendment to the ACO and would discuss the details to reach agreement with the Town of Reading ♦ The amended ACO would eliminate the Town of Reading's registration of 2.57 MGD of water. This means that the Town would have no rights in the future to withdraw water from the Ipswich River basin ♦ The amended ACO would recognize those actions that the Town has already accomplished, and these would be removed from the ACO ♦ The amended ACO would remove most of the ongoing reporting and monitoring requirements that are in the existing ACO in conjunction with the well abandonment process ♦ The amended ACO would allow the Town to abandon wells in a manner to be agreed upon. Abandonment would be administratively approved by letter from MassDEP, not through a more complex permit system I would suggest that the Town agree to consider an amended ACO with DEP. I would recommend that the well abandonment process be as flexible as possible to allow the Town to do the work at it's own pace, but that the ACO could recognize the Town's ability to: ♦ Abandon any of the wells within a reasonable time frame ♦ The Town may want to abandon the wells in a manner that the 6 wells with the least favorable water quality may be abandoned immediately, and that the 3 wells with the most favorable water quality may be abandoned once the redundant water supply through the MWRA is connected and operational. The process of abandonment of each well is fairly simple. Following the exchange of letters and DEP's approval: ♦ the electrical service would be removed ♦ the well building would be demolished ♦ the well pump and motor would be removed, and ♦ the wells would be physically disconnected from the distribution system. ♦ the well casing would be cut off 4 feet below the surface, filled with clean sand to within 10 feet of the cut off casing and a concrete /bentonite slung cap for the remaining 10 feet and then backfilled with clean material 36 Hechenbleikner, Peter From: Frederick Van Magness [vanmagness @verizon.net] Sent: Monday, May 07, 2012 9:23 PM To: Reading - Selectmen; Hechenbleikner, Peter Subject: Formal Water Well Abandonment Process EM As part of any negotiations, I would request that the town make every effort to eliminate the Aquifer Protection Zone (APZ). This zone is very onerous to a select but narrow group of residents, causes families to restrict adding to homes, and can cause undue homeowner expense. And it only impacts a portion of the town. If this is so important that you keep the restriction, then put the whole town in it, instead of spot zone it. Either we are one town or not. The limits of the APZ are subjective... homes on one side of a street are in the APZ and homes directly across the street are not. This has been a very sore point for many of us that are adversely impacted. Please make this a TOP priority as we give up our rights to the Ipswich River water resource, there MUST be a substantial and equal quid pro quo and this APZ is one that should be on the very top of the list. It may take some hard negotiating, but we are giving up a substantial right that has huge value. A partial modification of the APZ limits will only be window dressing. Let's finally address and solve this issue for those who are hurt by it. They want us out of the river .... we want out of the APZ. Thank you for your consideration, Frederick Van Magness, Sr 243 Franklin St., Reading :LEGAL NOTICE O � O' s 0 rsJ9'Mconco�`rlc�' TOWN OF READING NOTICE OF PUBLIC HEARING To the Inhabitants of the Town of-Reading: . Please. take notice that the Board of Selectmen of the. Town of Reading wilt hold a-. public hearing on -Tuesday, May 8; 2012 at 8 :30 p.m. in. the SeledtmenI V Meeting Room, 16 - Lowell Street; . Reading, " M.gssachusetts on:.a.transfer of .license, change of manager, alteration .of licenses, premises and pledge of license -for Peter Donovan d /bla The .Wine Bunker; One General Way, 128 :Market Place, Reading, .:-Massachusetts. A copy of the proposed doc- ument. regarding this topic. is: available - in . the Town. Manager's office,. 16 Loweii street,.. Reading, MA, M =W= Thurs from 7:30.a.m. - 5:30- p.m.;. Tues'-froi*.7 :$o 4.m. 7:OO,p.m. and is attached to the hearing .notice:on the website a_ t- .: Htinrw readingma.goii. Alt. interested parties .arb'. Invited to attend the hearing, off: .' inay sybmjt' their; comments in V.Vnting or: by email °prior to 6.'b0 to t n May :8r 26f2: c)*W. .. nt riag00ci.readin o ma:us" By order of Peter L. Hechenblalkner Town Manager . 424 ,a i� 5b1 READING POLICE DEPARTMENT 15 Union Street • Reading, Massachusetts 01867 :WoR Emergency Only: 911 - All Other Calls: (781) 944 -1212 • Fax: (781) 944 -2893 Web: www.ci.reading.ma.us /police/ EXECUTIVE SUMMARY Liquor License Transfer, change of manager- d/b /a The Wine Bunker May 01, 2012 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a transfer of the liquor license, change of manager, and alteration of premises and pledge of license. The Wine Bunker is located at 128 Marketplace Shopping Center, One General Way. This application will be going before the Board of Selectmen at their meeting on May 08, 2012. The current licensee is Peter Donovan d /b /a The Wine Bunker. The proposed transferee is CW I, LTD d /b /a The Wine Bunker. Officers, directors, stockholders and manager: 1) Manager of Record: Brett Barclift 2) President: Brett Barclift 3) Director: Peter J. Donovan I find no reason why the license application should not go forward. Respectfully Submitted, Sgt. Detective Mark D. Segalla Criminal Division Commander Section 3.2 — Liquor License Pollcy This policy shall apply to all premises licensed for the sale and/or consumption of alcoholic beverages and the issuance of all Special Licenses by the Licensing Authority (Board of Selectmen) pursuant to its authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regulations applies to which type of license: Category 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 3.2.7 Retail Package Goods Store License for All Kinds of Alcoholic Beverages X X not to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of X X X X Alcoholic Beverages to be Drunk on the Premises Restaurant License to Expose, Keep for Sale, and to Sell Wine and X X X X Malt Beverages to be Drunk on the Premises (less than 100 seats Club License to Expose, Keep for Sale, and to Sell All Kinds X X X of Alcoholic Beverages to be Drunk on the Premises Special Licenses X Amendments - Changes to this policy may be made by majority vote of the Board of Selectmen and shall be discussed at a public meeting. Notice of any change in policy shall be made to all licensees in a timely manner. 3.2.1— General Requirements for All Licensed Establishments 3.2.1.1— Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing 3 - 3 Board of Selectmen Policies 42 e u Board of Selectmen Meeting =April 13, 2010 — Page 4 The Assistant Town Manager noted that the budgets that went out use no reserves. He also noted that the Finance Committee wants reserves for water and sewer at $500,000 each and at . $100,000 for storm water, and that the need for storm water work will be high in the future. He noted that there is water conservation throughout the State and when we use less water, we pay more for debt service: Selectman Richard Schubert asked if there are any capital.expenses that would require us to keep more than $500,000 in reserves. He also asked if ' we should use water reserves for the redundancy for water. Selectman Camille Anthony asked what levels are best for the'consumer, and the Town Manager indicated the five year option. Selectman Stephen Goldy noted that he received an email from a resident in Precinct 2 who is annoyed with the water restrictions, and asked if they will be enforced. The Town Manager noted that the restrictions have to be enforced because it was part of our approval when we got into the MWRA. The consensus of the' Selectmen was that the whole picture including capital items needs to be looked at before making a decision so this will -be rescheduled for April 27, 2010.. Hearing — Package Store License — The Wine Bunker — The Secretary read the hearing notice. Town Counsel Ellen Doucette and the. applicant Peter Donovan were present. The Town Manager- noted that there was a Fax from Peter Donovan and three emails in the packet from residents who are opposed to granting this license. Vice Chairman James Bonazoli noted that one email refers to the wrong site — Linens `N Things: Mr. Donovan gave a presentation to the Board. He noted that he has shipped over 100,000 cases per year in Massachusetts through the internet. He sells 99.9% wine and owns 'CW 11 Ltd, a wine wholesaler in Woburn. He also noted that the customer can order online and have the wine delivered to the. store. Mr. Donovan noted that the floor area is 7,000 square feet — 9,000 square feet with - the mezzanine. He will not sell wine coolers, nips, tobacco, lottery or beer. There will be no more than two stand alone coolers for champagne /wine only. There will be no walk in coolers. The hours are Monday — Saturday from 10:00 a.m. to 8:00 p.m. and they will be closed on Sunday. They will charge more than .other wine stores for a single bottle of wine - but their case price is much less expensive. He noted that this is not a chain store and not a large discount store. This is different than what was offered before. He reviewed the results of a. survey he did on the need for selling wine by the case. Selectman Camille Anthony asked how his business functions. Mr. Donovan noted that he will Have two to three registers, and deliveries are on Tuesday and Thursday. His business is 95% internet based and 100% retail. Selectman Anthony also asked if there will be inventory on site, 44 O Board of Selectmen Meeting_ April 13 2010 — Page 5 and Mr. Donovan indicated that there will be and if they don't have what the customer wants, they can order it. Selectman Richard Schubert asked how many other stores Mr. Donovan had and their size. Mr. Donovan indicated that he has one other store and it is 2,500 square feet. He noted that 10% of his business is walk in business. There will be no flashing signs out front. Selectman Stephen Goldy asked Mr. Donovan .about his thoughts on grocery store customers looking for beer. .Mr. Donovan indicated that his focus is on wine. He won't have walk in coolers, and he feels that beer is a waste of money from a retail viewpoint. Vice Chairman James Bonazoli asked how many employees he will have, and Mr. Donovan noted probably six but no more than 10 with maximum of four on a shift. He will not need more than 20 parking spaces at one time. Vice Chairman , James Bonazoli noted that the survey was done in Reading but some of the people who answered did not live in Reading. Mr. Donovan indicated that is because he sent the surveys to businesses. Vice Chairman Bonazoli asked , if he will be selling food, . and. Mr. Donovan indicated that he will not. He also indicated that at his other store, he does carry some small bottles of liquor for people at the hotels. Vice Chairman Bonazoli commented that the customer does dictate what he sells. Bill Childress of 105 Main Street inquired about the number of licenses that Mr. Donovan had, and also noted that there were a number of complaints by customers regarding his Woburn location. Mr. Donovan noted that in 2008 2009, he .was shipping a lot and there were many delays because the wine cannot be shipped if-the temperature is over 70 degrees or under, 30 degrees. Mr: Childress indicated that he is not in favor of the* Selectmen approving this license. Mary Ellen O'Neill noted that this application is different from the others regarding the hours and what is being offered. She asked if there was any way to-put a condition on the license prohibiting beer,. and Town Counsel indicated that it is an All Alcohol license. Ms. O'Neill noted that the survey was not well done or scientific, and she feels that there is no need for this store. George Danis, Manager of 128 Market Place, and his co- worker thanked the Board of Selectmen for considering this application. Town Counsel asked to see the lease, and Mr. Donovan gave her a copy of the lease outline. There is no lease at this point Chairman Ben Tafoya asked about the mezzanine area, and Mr. Donovan indicated that it is 1200 square feet above the 7700 square foot first floor area. Selectman Richard Schubert noted that this business requires a customer base much bigger than Reading — it is more regional. He feels that it doesn't satisfy the public need in Reading. 45 5W (�P' Board of Selectmen Meeting =April 13, 2010 — Page 6 Selectman Camille Anthony asked -if the" public need has to be just in Reading, and Town Counsel noted that it does, but if there is nothing similar to it in this area such as internet sales,. then it may meet the public need. Town Counsel noted that the memo from Community Services Director/Town Planner Jean Delios indicates that the property owner is supposed to submit an inventory of parking spaces and building area in use by type of use. It is to be submitted the Town every year but the owner has not done that. She also noted that the trucking access from Route 128 conditions on the site plan should be on the license. The' Town Manager noted that there is a limit on retail space at that site because of limited parking. Vice Chairman James Bonazoli noted that if the non - Reading residents were removed from the survey, there would be no need. Selectman Camille Anthony told. Mr. Donovan that she doesn't appreciate his comments in the letter to the Board that he will take the Town to court and it will cost thousands of dollars. Selectman Richard Schubert noted that the Selectmen have a sense of need and nobody says we need another wine store. He also noted that the Selectmen support the Reading Coalition Against Substance Abuse and it is the Board's job to understand the community. Reading was a dry town until about 30 years ago. Nobody is banging on the door asking for more liquor stores, and buying by the case doesn't make it any different. Chairman Ben Tafoya noted that Reading has four existing licenses all of who are happy to sell by the case if preferred. He hasn't heard-of any great need for another package store. Selectman Camille Anthony noted that this is not a gigantic store like Wine Nation, and she is inclined to support the application. Vice Chairman James Bonazoli noted that this hearing was publicized in the paper, and the room is not filled with people against the license. Mr. Donovan offered to lower the square footage, and indicated that he was willing to do another survey if need be. A motion by Schubert seconded by Bonazoli to close the hearing for a Package Store Liquor License applied for by Peter J Donovan d/b /a the Wine Bunker at 128 Marketplace Shopping Center, One General Way, was approved by a vote of 5 -0 -0. With the Board finding that the applicant's proposal was not a traditional package store, and the basis for the Board's finding of public need was .the unique business concept proposed by the applicant with respect to focusing on sales of cases or half cases of wine, the sale of wine comprising more than 99% of its business with little or no emphasis on the sale of beer or spirits the following motion was made. 46 2z Board of Selectmen Meeting — April 13, 2010 — Page 7 Change of Officer — Longhorn Steak House — A motion by Bonazoli seconded by Anthony to approve the Change of Officer for RARE Hospitality' International, Inc. d/b /a Longhorn Steak House located at 39 Walkers Brook Drive was approved by a vote of 5 -0 -0. Review Annual Town Meeting Warrant — A motion by Bonazoli seconded by Goldy to support the subiect matter of Article 11 of the Annual Town -Meeting Warrant failed by a vote of 1 -4 -0, with Tafoya, Anthony, Schubert and Goldy votinLy in the negative. A motion by Goldy seconded by Anthony to.support the subject matter of Article 13 of the Annual Town Meeting Warrant was approved by a vote of 3 -2 -0, with Goldy and Bonazoli voting in the neeative. Progress _Report on Goals — This item was rescheduled for May 11, 2010. Review Customer Service Survey Results — This item was'rescheduled for April 27, 2010. A,Qproyal of Minutes A motion by Anthony seconded by Bonazoli to approve the Minutes of March 16, 2010 was approved by a vote of 5 -0 -0. A motion by Anthony seconded by Goldy to approve the Minutes of Marcli 30, 2010 was approved by a vote of 5 -0 -0. the affirmative. call The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov /abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER IF USED EPAY, CONFIRMATION NUMBER: A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY): LICENSEE NAME: JCW I, LTD dba The Wine Bunker ADDRESS: I One General Way, 128 Market Plaza CITY/TOWN: Reading TRANSACTION TYPE (Please check all relevant transactions): New License Transfer of License M Change of Manager F1 New Officer /Director 101600034 STATE ZIP CODE 01867 MX Pledge of License F1 Change Corporate Name Change of Location © Pledge of Stock ❑ Seasonal to Annual QX Alteration of Licensed Premises F1 Transfer of Stock [ Change of License Type © Cordials /Liqueurs Permit New Stockholder ® Issuance of Stock ® Other 6-Day to 7 -Day License Management/operating Agreement F1 Wine & Malt to All Alcohol THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241 -3396 48 Peter J. Donovan 35 Longmeadow Road Arlington, MA 02474 TEL: 781 -572 -6153 Email: sales @corpwines.com April 19, 2012 Peter Hechenbleikner Town Manager Town of Reading, MA RE: Wine Bunker, Located at One General Way, Reading, MA Transfer of License Condition Waiver New Manager Dear Sir: 0 xa. -n ZWC N Enclosed please find our formal submittal for food establishment plan review application, liquor license transfer, new manager and condition waiver. In regards to conditions; We would like a waiver on the following conditions: 1. Allow us to sell lottery tickets. 2. Allow us to expand retail space by no more than 600 square feet — see existing and proposed plan. We would like to use this space for a specialty beer section. Important note although we are seeking to expand existing retail foot print by 600 sf, at this time we also seeking to sublease up to 3,000 sf of our space to another retailer. So the net retail space of our unit after sublease will be around 3,000 sf. Also note the submitted floor plans meet ABCC's requirements. 3. Allow us to install a 12' (wide) by 16' (deep) walk -in cooler. The cooler is called a Beer Cave. This will be part of our specialty beer section. Correction to Liquor License: • The existing liquor license indicates 9,000 sf of total space. It is actually 7,298sf. Please call me at 781 - 572 -6153 if you have any questions. Thanks. 49 04 1 /ZI--I The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 wm,- w.mass.gov /abcc PETITION FOR TRANSFER OF OWNERSIIIP 101600034 ABCC License Number Reading City/Town The licensee Peter Donovan dba The Wine Bunkerd the proposed transferee CW I, LTD dba The Wine Bunker respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? [:] Yes ©X No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. Name Title Address Stock or % Owned Is the PROPOSED transferee a Corporation/LLC, duly registered under the laws of the Commonwealth of Massachusetts? 0 Yes © No If YES, please list the officers, directors and stockholders, their residences, and shares owned by each. TO: (Place an * before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or % Owned Brett Barclift President 5710 Stearns Hill Rd, Waltham, MA 65% Peter Donovan Shareholder 35 Longmeadow Road, Arlington, MA 25% James Danahy Shareholder A l co 4 S A(7+ I (P.-OsTa 10% The above named proposed transferee hereby joins in tition for transfer of said license. SIGNATURE OF LAST - APPROVED LICENSEE: (If a Corporation/LLC, by its authorized representative) SIGNATURE OF PROPOSED TRANSFEREE: Date Signed -l� —j Application for Retail Alcoholic Beverage License City/Town Reading 1. Licensee Information: Legal Name /Entity of Applicant:(e.g corporation, LLC, Individual) 1CW I, LTD Business Name (if different) : The Wine Bunker Manager of Record: Brett Barclift (currently R Donovan) ABBC License Number (forexisting licenses only) : 101600034 Address of Licensed Premises: One General Way CITY/TOWN: Reading STATE MA ZIP 02474 Business Phone: 781- 942 -6153 Cell Phone: 781- 572 -6153 Email: sales 9corpwines.com Website: www.winebunkah.com Transaction: ❑ New License ❑ New Officer /Director ❑ Transfer of Stock ❑ Issuance of Stock n Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement The following transactions must be processed as new licenses: ® Seasonal to Annual ® 6 -Day to 7 -Day License ❑ Wine & Malt to All Alcohol IMPORTANT ATTACHMENTS: The applicant must attach a vote of the entity authorizing all requested transactions, including the appointment of a Manager of Record or principal representative. 3. Type of License: ® §12 Restaurant ® §12 Hotel ❑ §12 Club ® §12 Veterans Club ❑ §12 General On-Premise ❑ § 12 Tavern (No Sundays) § 15 Package Store License Catagory: All Alcoholic Beverages ❑ Wine & Malt Beverages Only ❑ Wine or Malt Only ❑ Wine & Malt Beverages with Cordials/Liqueurs Permit 5. License Class: Annual ❑ Seasonal 51 r2,3) 6. Contact Person concerning this application (attorney if applicable) NAME: I Peter J. Donovan ADDRESS: (35 Longmeadow Road CITY/TOWN: Arlington STATE MA CONTACT PHONE NUMBER: 781 -572 -6153 FAX NUMBER: EMAIL: F sales9c7orpwines.corn ZIP CODE 02474 781 - 933 -9463 7. Description of Premises: Please provide a complete description of the premises to be licensed. The description should include the location of all entrances and exits. isee IMPORTANT ATTACHMENTS: The applicant must attach a floor plan with dimensions and square footage for each floor & room. Occupancy Number. N/A �I Seating Capacity: N/A 8. Occupancy of Premises: By what right does the applicant have possession and /or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS: The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other Landlord is a(n): LLC Other Name Danis Reading LLC Phone: 781 - 670 -2000 Address: f One General Way City/Town: Reading State MA Initial Lease Term: Beginning:Date May 28, 2010 Ending Date November 2015 Renewal Term: Options /Extensions at Five Years Each Rent: per year Rent: $8,050.00 per month Zip 01867 IDo the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes E] No rXI IMPORTANT ATTACHMENTS: If yes, the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest in the Landlord must be disclosed in §10 and must submit a completed Personal Information Form attached to this application. Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 52 Y; i,icensee structure: The Applicant is a(n): Corporations Other: [f the applicant is a Corporation or LLC, complete the following: State of Incorporation /Organization: MA Date of Incorporation /Organization: June 2011 the Corporation publicly traded ?Yes ® No ❑X 10. Interests in this License: List all individuals involved in the entity (e.g. corporate stockholders, directors, officers and LLC members and managers) an any person or entity with a direct or indirect, beneficial or financial interest in this license (e.g. landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS: All individuals or entities listed below are required to complete a Personal Information Form. Name Title Stock or % Owned Other Beneficial Interest Brett Barclift President / Manager 65% ownership direct financial interest Peter Donovan Shareholder 25% ownership direct financial interest James Danahy A. Manager /shareholder 10% ownership direct financial interest *If additional space is needed, please use last page. 11. Existing Interests in Other Licenses: Does any individual listed in §10 have any direct or indirect, beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑X No ❑ If yes, list said interest below: Name License Type Licensee Name & Address Peter J. Donovan §15 Package Store Peter J. Donovan dba Corporate Wines, 16A Cummings Pk, Woburn Peter J. Donovan Other CW II, LTD (wholesale), 16A Cummings Park, Woburn IPlease Select , IPlease Select IPlease Select IPlease Select IPlease Select *If additional space is needed, please use last page. 53 040 b 12. Previously Held Interests in Other Licenses: Has any individual listed in §10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect, beneficial or financial interest in a license to sell alcoholic beverages, which is not presently held? Yes Q No ❑ If yes, list said interest below: Name Licensee Name &Address Date Reason Terminated Peter J. Donovan Boston Beer and Wine Inc. Elliot Street, Beverly, M A 1996/1997 Not Renewed Please Select Please Select 13. Disclosure of License Disciplinary Action: Have any of the disclosed licenses to sell alcoholic beverages listed in §11 and /or §12 ever been suspended, revoked or cancelled? Yes XD No ❑ If yes, list said interest below: Date I License I ' Reason of Suspension, Revocation or Cancellation Sept. 1997 1 BBWC - Beverly, MA I shipping via UPS 3 day suspension Peter Donovan 100% of BBWC - Beverly, MA 114. Criminal Record: Has any individual listed in §10 or who has a direct or indirect beneficial interest in this license ever been convicted of a municipal, state, federal or military crime? Yes ❑ No ❑X yes, the individual must provide an affidavit as to any and all charges as well as the disposition. 15. Citizenship and Residency Requirements for a ( §15) Package Store License ONLY: 1. Are all Directors /LLC Managers U.S. Citizens? Yes ❑X No ❑ 12. Are a majority of Directors /LLC Managers Massachusetts Residents? Yes ❑X No ❑ 13. Is the License Manager or Principal Representative a U.S. Citizen? Yes ❑X No ❑ Are all members and partners involved at least twenty -one years old? Yes ❑X No ❑ 16. Citizenship and Residency Requirements for ( §12) Restaurant, Hotel, Club, General On Premise, Tavern, Veterans Club License ONLY: 1. Are all Directors /LLC Managers U.S. Citizens? Yes ❑No ❑ Area majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No 13. Is the License Manager or Principal Representative a U.S. Citizen? Yes ❑ No ❑ 54 17. Costs Associated with License Transaction: A. Purchase Price for Real Property. B. Purchase Price for Business Assets: C. Costs of Renovations /Construction: D. Initial Start-Up Costs: E. Purchase Price for Inventory: F. Other: (Specify) G: TOTAL COST H. TOTAL CASH I. TOTAL AMOUNT FINANCED Isee beginning balance sheE 160,000 10 I =_ included 160,000 $175,000 INIPORTANT ATTACHMENTS: Submit any and all records, documents and affidavits including loan agreements that explain the source(s) of money for this transaction. Sources of cash should include a minimum of three (3) months of bank statements. The amounts listed in subsections (IT) and (I) must total the amount reflected in (G). 18. Provide a detailed explanation of the form(s) and source(s) of funding for the costs identified in §17 (include loans, mortgages, lines of credit, notes, personal funds, gifts): see additional page J *If additional space is needed, please use last page. 19. List each lender and loan amount(s) from which "total amount financed" noted in subsections 17(I) will derive: Name Dollar Amount Type of Financing Leader Bank $167,419 SBA Financing is already in place. The ABCC has all loan documents associated with these loans. *If additional space is needed, please use last page. Does any individual or entity listed in §19 as a source of financing have a direct or indirect, beneficial or financial interest in this license or any other license(s) granted under Chapter 138? Yes No Ox If yes, please describe: Pledge: (i.e. collateral for a loan) Is the applicant seeking approval to pledge the license? Yes ❑ No If es, describe terms and conditions and to whom: Leader Bank Arlington, MA If a corporation, is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes ❑ No If yes, to whom: I � I Number of Shares the applicant pledging the inventory? ❑ Yes X© No If yes, to whom: PORTANT ATTACHMENTS: If you are applying for a pledge, submit the pledge agreement, the promissory note and a vote of Corporation /LLC approving the pledge. 21. Construction of Premise Are the premises being remodeled, redecorated or constructed in any way? jf YES, please provide a description of the work being performed on the premises: ❑X Yes ❑. No see additional page If all the information is not completed the application may be returned 56 J �D atd / / :k b Question 18: This is a transfer of assets and liabilities from a sole proprietor to a C- Corporation (MA). Brett Barclift is borrowing $160,000 from his father Gary Barclift to purchase 65% of CW I, LTD which was formed by Peter Donovan in June 2011. See personal financial statements of Gary and Brett Barclift. Also see assets and liabilities (beginning balance sheet) of CW I, LTD before Barclift's $160,000 cash injection. Gary Barclift has a net worth exceeding $850,000. Question 21: - Yes - see existing (approved) layout of premises and proposed layout of premises. We will be expanding current retail space by approximately 600 sf, plus /minus. Total cost of this expansion will not cost more than $500. Sb� 57 7 IW d EWA •III' 11 ■ MM 3 3 WOMEN 1 7T -8n PROPOSED "THE WINE BUNKER" FLOOR PLAN (7.288.27 SF) ecxttn' -tv 3A= FLOOR VEDTIOULE 0 RGMITPLTURN vuMrennlvNMnYUrn„� vun�in� n++�'/Tr•.rvr M «�Mwnr.ro ICNN[M nYG2C!/J(rW neJ -,m TVOW MA w++ M2 =oak �M K- xi ns non 0 00 1 e ■ ■ MEN W � WOMEN r` V � 77t_8K PROPOSED "THE WINE BUNKER" FLOOR PLAN 17.288.27 SF) (� trcxcv. +„v SALES FLOOR VESTIBULE m ■ RCnI7PC'i'il Rk; twu+teanRA tOAPR KCN X101 �c rn, :�w «�����������\ /� .. ©� � \� \����\ . % « < 2 : ; \.\ w« • ±. � � � J�� �� \�� " � � /� \ \`� »� 2 {� 2;.�� � � �.� ,� � � a� •\ ��� � 2���� . � � s :.. : . � _ / �� ®w: !: 3� � �� :2 =� � : � 2 _� .. _ � �.. ».,< . §� . :� � :� . > °%/ \, . 2� � � � �� � d \� � � � " � ' � � %� »" � m° � � *^ » »tom � ' S -&' �42 �J.� %� : 1� �'� / -� ! •� � \ � & :� � . . . ��� � Q / ƒ� � / \� \�2��� � � �� y4 z m� d:� & -4 2 ? /: � \ ~ _� � -^ » <� zzzzz�.. }�.y ©, . . �� » " � ,� � ,� % :� � � 2}� : � ± +�� yr «2� � :a � »< *�+� : � ®� ® t » <���.���� }%� � ,��� � �� �� � .� � � � � � � � « q / \w�» ©���®� :��� ����` �� ��� '� k`�� @ ~/� � / � � � � � � � � �»; 3 : � .� 4 �' a .�' ,eta �rs�,, S {' 1.�� � h jM ' `'� �� ` �i ,yY ' � � Y .. �$ ;r � E. _� E3 e y .� A 3 t� 1 S 1 � �. ''SN � r. G Y , Reading ConCom Wetland Regulation Evaluation and Recommended Enhancements BOS Presentation 8 May 2012 Presentation on Status of Wetland Regulation Review • BOS Expectations • Summary of Summer 2011 Process • Progress since 27 September Presentation to BOS • Continuing Activities • Comparison to Expectations &I BOS Intent and Expectations • Immediately Review By -Laws and Regulations • Develop Recommendations to Streamline and Simplify while Maintaining Wetland Protection • Working with Town Staff Develop Process by 15 April 2011 BOS Intent and Expectations • Complete Review by 1 September 2011 • Consider Hiring Outside Consultant • Conduct Review in Open Process, Soliciting all points of view • Goal of Minimizing Requirements to Least Level Necessary to Ensure Protection of Community Health, Safety and Welfare • Simplify Process for Applicant Compliance • Evaluate Neighboring Community Regulations 3`� Mission and Objective "Recommend wetland regulatory changes to simplify the application and enforcement process without compromising critical resource protection." Progress i Ad Hoc Committee u Summer 2011 — Interviews, Questionnaire, Findings u Late Summer 2011 — Full ConCom Endorsement, Submittal to BOS i By -Law Changes Other Ad Hoc Recommendations u Regulation Enhancements u Conservation Commission Policies & Application Guidance e Recommended Regulation ?K Enhancements Process • Considered 2nd Ad Hoc Committee • Since October Publicly Discussed 1 to 3 Enhancements at Every ConCom Meeting • Develop and Full ConCom Approval of Draft Language for all Enhancements • Presentation of Enhancements to BOS • Town Council and QA/QC Review of Language • Public Hearing on Proposed Changes • ConCom Vote on Changes Recommended Requlation Enhancements 1. Areas of regulations which specify submittal requirements 2. Fee structure 3. Methods for determining jurisdictional wetlands 4. Vernal Pools 5. Wildlife Habitat 6. Exemptions for Limited Projects 7. Requirement for rip rap for slopes 8. Maintenance in developed areas 9. Isolated Wetlands 10. Soil Preparation 11. Land Subject to Flooding 9 Recommended Regulation Enhancements Status Recommended Change Status Delete description of submittal Language drafted & approved by requirements in for all information ConCom to state state submittals are identical to state submittal adequate except unique Town requirements. Requirements Revise fee structure for residential Language drafted & approved by properties with non per square foot ConCom to simplify calculations with calculations, and simplified set price for residential properties calculations. Make delineation methods more Language drafted & approved by consistent with the State and Army ConCom referencing State regulations Corps of Engineers methodology for Boarding Vegetated Wetlands Recommended Regulation Enhancements Status Recommended .- Revise definition of vernal pool for Language drafted & approved by consistency with State's Natural ConCom to define pool as either on Heritage program. or eligible for the state list. Revise wildlife habitat definition Language drafted & approved by consistent with the State's definition. ConCom referencing State definition Change Reading riprap requirement Language drafted & approved by ConCom to require engineering analysis and stamp if slope < 3 to 1 9 �3 her Completed Actions to Meet BOS Rea u est • Expanded and Clarified Minor Projects Definition and Procedure • Provided More Flexibility for Variance Procedure • Simplified and Clarified Definitions (underway) (0 0